38 USC § 5303A - Minimum active-duty service requirement | Title 38 - Veterans Benefits | U.S. Code

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Current through Pub. L. 112-283. (See Public Laws for the current Congress.)

(a) Notwithstanding any other provision of law, any requirements for eligibility for or entitlement to any benefit under this title or any other law administered by the Secretary that are based on the length of active duty served by a person who initially enters such service after September 7, 1980, shall be exclusively as prescribed in this title.

(b)

(1) Except as provided in paragraph (3) of this subsection, a person described in paragraph (2) of this subsection who is discharged or released from a period of active duty before completing the shorter of—

(A) 24 months of continuous active duty, or

(B) the full period for which such person was called or ordered to active duty,

is not eligible by reason of such period of active duty for any benefit under this title or any other law administered by the Secretary.

(2) Paragraph (1) of this subsection applies—

(A) to any person who originally enlists in a regular component of the Armed Forces after September 7, 1980; and

(B) to any other person who enters on active duty after October 16, 1981, and has not previously completed a continuous period of active duty of at least 24 months or been discharged or released from active duty under section 1171 of title 10.

(3) Paragraph (1) of this subsection does not apply—

(A) to a person who is discharged or released from active duty under section 1171 or 1173 of title 10;

(B) to a person who is discharged or released from active duty for a disability incurred or aggravated in line of duty;

(C) to a person who has a disability that the Secretary has determined to be compensable under chapter 11 of this title;

(D) to the provision of a benefit for or in connection with a service-connected disability, condition, or death;

(E) to benefits under chapter 19 of this title;

(F) to benefits under chapter 30 or chapter 37 of this title by reason of—

(i) a discharge or release from active duty for the convenience of the Government, as described in sections 3011 (a)(1)(A)(ii)(II) and 3012 (b)(1)(A)(iv) of this title;

(ii) a discharge or release from active duty for a medical condition which preexisted service on active duty and which the Secretary determines is not service connected, as described in clauses (A)(ii)(I) and (B)(ii)(I) of section 3011 (a)(1) of this title and in section 3012 (b)(1)(A)(ii) of this title;

(iii) an involuntary discharge or release from active duty for the convenience of the Government as a result of a reduction in force, as described in clauses (A)(ii)(III) and (B)(ii)(III) of section 3011 (a)(1) of this title and in section 3012 (b)(1)(A)(v) of this title; or

(iv) a discharge or release from active duty for a physical or mental condition that was not characterized as a disability and did not result from the individual’s own willful misconduct but did interfere with the individual’s performance of duty, as described in section 3011 (a)(1)(A)(ii)(I) of this title; or

(G) to benefits under chapter 43 of this title.

(c)

(1) Except as provided in paragraph (2) of this subsection, no dependent or survivor of a person as to whom subsection (b) of this section requires the denial of benefits shall, by reason of such person’s period of active duty, be provided with any benefit under this title or any other law administered by the Secretary.

(2) Paragraph (1) of this subsection does not apply to benefits under chapters 19 and 37 of this title.

(d)

(1) Notwithstanding any other provision of law and except as provided in paragraph (3) of this subsection, a person described in paragraph (2) of this subsection who is discharged or released from a period of active duty before completing the shorter of—

(A) 24 months of continuous active duty, or

(B) the full period for which such person was called or ordered to active duty,

is not eligible by reason of such period of active duty for any benefit under Federal law (other than this title or any other law administered by the Secretary), and no dependent or survivor of such person shall be eligible for any such benefit by reason of such period of active duty of such person.

(2) Paragraph (1) of this subsection applies—

(A) to any person who originally enlists in a regular component of the Armed Forces after September 7, 1980; and

(B) to any other person who enters on active duty after October 13, 1982, and has not previously completed a continuous period of active duty of at least 24 months or been discharged or released from active duty under section 1171 of title 10.

(3) Paragraph (1) of this subsection does not apply—

(A) to any person described in clause (A), (B), or (C) of subsection (b)(3) of this section; or

(B) with respect to a benefit under

(i) the Social Security Act other than additional wages deemed to have been paid, under section 229(a) ^[1] of the Social Security Act (42 U.S.C. 429 (a)), for any calendar quarter beginning after October 13, 1982, or

(ii) title 5 other than a benefit based on meeting the definition of preference eligible in section 2108(3) of such title.

(e) For the purposes of this section, the term “benefit” includes a right or privilege, but does not include a refund of a participant’s contributions to the educational benefits program provided by chapter 32 of this title.

(f) Nothing in this section shall be construed to deprive any person of any procedural rights, including any rights to assistance in applying for or claiming a benefit.

[1] See References in Text note below.

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(a) Notwithstanding any other provision of law, any requirements for eligibility for or entitlement to any benefit under this title or any other law administered by the Secretary that are based on the length of active duty served by a person who initially enters such service after September 7, 1980, shall be exclusively as prescribed in this title.

(b)

(1) Except as provided in paragraph (3) of this subsection, a person described in paragraph (2) of this subsection who is discharged or released from a period of active duty before completing the shorter of—

(A) 24 months of continuous active duty, or

(B) the full period for which such person was called or ordered to active duty,

is not eligible by reason of such period of active duty for any benefit under this title or any other law administered by the Secretary.

(2) Paragraph (1) of this subsection applies—

(A) to any person who originally enlists in a regular component of the Armed Forces after September 7, 1980; and

(B) to any other person who enters on active duty after October 16, 1981, and has not previously completed a continuous period of active duty of at least 24 months or been discharged or released from active duty under section 1171 of title 10.

(3) Paragraph (1) of this subsection does not apply—

(A) to a person who is discharged or released from active duty under section 1171 or 1173 of title 10;

(B) to a person who is discharged or released from active duty for a disability incurred or aggravated in line of duty;

(C) to a person who has a disability that the Secretary has determined to be compensable under chapter 11 of this title;

(D) to the provision of a benefit for or in connection with a service-connected disability, condition, or death;

(E) to benefits under chapter 19 of this title;

(F) to benefits under chapter 30 or chapter 37 of this title by reason of—

(i) a discharge or release from active duty for the convenience of the Government, as described in sections 3011 (a)(1)(A)(ii)(II) and 3012 (b)(1)(A)(iv) of this title;

(ii) a discharge or release from active duty for a medical condition which preexisted service on active duty and which the Secretary determines is not service connected, as described in clauses (A)(ii)(I) and (B)(ii)(I) of section 3011 (a)(1) of this title and in section 3012 (b)(1)(A)(ii) of this title;

(iii) an involuntary discharge or release from active duty for the convenience of the Government as a result of a reduction in force, as described in clauses (A)(ii)(III) and (B)(ii)(III) of section 3011 (a)(1) of this title and in section 3012 (b)(1)(A)(v) of this title; or

(iv) a discharge or release from active duty for a physical or mental condition that was not characterized as a disability and did not result from the individual’s own willful misconduct but did interfere with the individual’s performance of duty, as described in section 3011 (a)(1)(A)(ii)(I) of this title; or

(G) to benefits under chapter 43 of this title.

(c)

(1) Except as provided in paragraph (2) of this subsection, no dependent or survivor of a person as to whom subsection (b) of this section requires the denial of benefits shall, by reason of such person’s period of active duty, be provided with any benefit under this title or any other law administered by the Secretary.

(2) Paragraph (1) of this subsection does not apply to benefits under chapters 19 and 37 of this title.

(d)

(1) Notwithstanding any other provision of law and except as provided in paragraph (3) of this subsection, a person described in paragraph (2) of this subsection who is discharged or released from a period of active duty before completing the shorter of—

(A) 24 months of continuous active duty, or

(B) the full period for which such person was called or ordered to active duty,

is not eligible by reason of such period of active duty for any benefit under Federal law (other than this title or any other law administered by the Secretary), and no dependent or survivor of such person shall be eligible for any such benefit by reason of such period of active duty of such person.

(2) Paragraph (1) of this subsection applies—

(A) to any person who originally enlists in a regular component of the Armed Forces after September 7, 1980; and

(B) to any other person who enters on active duty after October 13, 1982, and has not previously completed a continuous period of active duty of at least 24 months or been discharged or released from active duty under section 1171 of title 10.

(3) Paragraph (1) of this subsection does not apply—

(A) to any person described in clause (A), (B), or (C) of subsection (b)(3) of this section; or

(B) with respect to a benefit under

(i) the Social Security Act other than additional wages deemed to have been paid, under section 229(a) ^[1] of the Social Security Act (42 U.S.C. 429 (a)), for any calendar quarter beginning after October 13, 1982, or

(ii) title 5 other than a benefit based on meeting the definition of preference eligible in section 2108(3) of such title.

(e) For the purposes of this section, the term “benefit” includes a right or privilege, but does not include a refund of a participant’s contributions to the educational benefits program provided by chapter 32 of this title.

(f) Nothing in this section shall be construed to deprive any person of any procedural rights, including any rights to assistance in applying for or claiming a benefit.

[1] See References in Text note below.

Source

(Added Pub. L. 97–66, title VI, § 604(a)(1),Oct. 17, 1981, 95 Stat. 1035, § 3103A; amended Pub. L. 97–306, title IV, § 408(a),Oct. 14, 1982, 96 Stat. 1445; Pub. L. 99–576, title III, § 321(11),Oct. 28, 1986, 100 Stat. 3278; Pub. L. 100–689, title I, § 102(b)(3),Nov. 18, 1988, 102 Stat. 4163; Pub. L. 101–510, div. A, title V, § 562(a)(4),Nov. 5, 1990, 104 Stat. 1574; renumbered § 5303A,Pub. L. 102–40, title IV, § 402(b)(1),May 7, 1991, 105 Stat. 238; Pub. L. 102–83, §§ 4(a)(1), (b)(1), (2)(E), 5(c)(1),Aug. 6, 1991, 105 Stat. 403–406; Pub. L. 103–353, § 3,Oct. 13, 1994, 108 Stat. 3169; Pub. L. 103–446, title IX, § 908,Nov. 2, 1994, 108 Stat. 4678; Pub. L. 105–368, title X, § 1005(b)(15),Nov. 11, 1998, 112 Stat. 3365.)

References in Text

The Social Security Act, referred to in subsec. (d)(3)(B)(i), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. Section 229(a) of the Act was redesignated section 229 by Pub. L. 108–203, title IV, § 420(b)(1)(A),Mar. 2, 2004, 118 Stat. 535. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Amendments

1998—Subsec. (d)(2)(B). Pub. L. 105–368, § 1005(b)(15)(A), substituted “after October 13, 1982,” for “on or after the date of the enactment of this subsection”.

Subsec. (d)(3)(B)(i). Pub. L. 105–368, § 1005(b)(15)(B), substituted “after October 13, 1982,” for “on or after the date of the enactment of this subsection,”.

1994—Subsec. (b)(3)(F). Pub. L. 103–446inserted “or chapter 37” after “chapter 30” in introductory provisions.

Subsec. (b)(3)(G). Pub. L. 103–353added subpar. (G).

1991—Pub. L. 102–40renumbered section 3103A of this title as this section.

Subsec. (a). Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.

Subsec. (b)(1). Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration” in concluding provisions.

Subsec. (b)(3)(C). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

Subsec. (b)(3)(F)(i). Pub. L. 102–83, § 5(c)(1), substituted “3011(a)(1)(A)(ii)(II)” and “3012(b)(1)(A)(iv)” for “1411(a)(1)(A)(ii)(II)” and “1412(b)(1)(A)(iv)”, respectively.

Subsec. (b)(3)(F)(ii). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

Pub. L. 102–83, § 5(c)(1), substituted “3011(a)(1)” for “1411(a)(1)” and “3012(b)(1)(A)(ii)” for “1412(b)(1)(A)(ii)”.

Subsec. (b)(3)(F)(iii). Pub. L. 102–83, § 5(c)(1), substituted “3011(a)(1)” for “1411(a)(1)” and “3012(b)(1)(A)(v)” for “1412(b)(1)(A)(v)”.

Subsec. (b)(3)(F)(iv). Pub. L. 102–83, § 5(c)(1), substituted “3011(a)(1)(A)(ii)(I)” for “1411(a)(1)(A)(ii)(I)”.

Subsecs. (c)(1), (d)(1). Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.

1990—Subsec. (b)(3)(F)(iv). Pub. L. 101–510added cl. (iv).

1988—Subsec. (b)(3)(F). Pub. L. 100–689amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: “to benefits under chapter 30 of this title in the case of a person entitled to benefits under such chapter by reason of section 1411(a)(1)(A)(ii)(II) of this title.”

1986—Subsec. (b)(3)(F). Pub. L. 99–576added subpar. (F).

1982—Subsec. (b)(2)(B). Pub. L. 97–306, § 408(a)(1), substituted “after October 16, 1981,” for “on or after the date of the enactment of the Veterans’ Disability Compensation, Housing, and Memorial Benefits Amendments of 1981”.

Subsecs. (d), (e). Pub. L. 97–306, § 408(a)(2), added subsec. (d) and redesignated former subsec. (d) as (e).

Subsec. (f). Pub. L. 97–306, § 408(a)(3), added subsec. (f).

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–353effective with respect to reemployments initiated on or after the first day after the 60-day period beginning Oct. 13, 1994, with transition rules, see section 8 ofPub. L. 103–353, set out as an Effective Date note under section 4301 of this title.

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–510effective Oct. 19, 1984, see section 562(c) ofPub. L. 101–510set out as a note under section 3011 of this title.

Effective Date of 1988 Amendment

Amendment by Pub. L. 100–689effective July 1, 1985, with respect to individuals discharged or released for medical condition which preexisted service on active duty or in Selected Reserve and which Administrator determines is not service connected, and effective Oct. 1, 1987, with respect to individuals involuntarily discharged or released for convenience of Government as a result of reduction in force, see section 102(c) ofPub. L. 100–689, set out as a note under section 3011 of this title.

Effective Date

Section effective Oct. 17, 1981, see section 701(b)(1) ofPub. L. 97–66, set out as an Effective Date of 1981 Amendment note under section 1114 of this title.

Delayed Application of Exclusion; Additional Wages Considered Benefit

Section 408(b) ofPub. L. 97–306provided that:

“(1) Subsection (d) ofsection 3103A [now 5303A] of title 38, United States Code, as added by subsection (a)(2), shall not apply with respect to the receipt by any person of any benefit provided by or pursuant to law before the date of the enactment of this Act [Oct. 14, 1982].

“(2) For the purposes of paragraph (1) of this subsection, additional wages deemed to have been paid under section 229(a) of the Social Security Act (42 U.S.C. 429 (a)) shall be considered to be a benefit that was received by a person on the date that such person was discharged or released from active duty (as defined in section 101 (21) of title 38, United States Code).”

Scope of Exclusion

Section 408(d) ofPub. L. 97–306provided that: “Section 3103A [now 5303A] of title 38, United States Code, as amended by subsection (a), is the law with respect to the matters stated in such section and applies, in accordance with its terms, with respect to benefits under Federal law, regardless of the particular title of the United States Code or other law under which any such benefit is provided or the department, agency, or instrumentality which administers any such benefit.”

Applicability

Section 604(b) ofPub. L. 97–66provided that: “Section 5303A [formerly 3103A] of title 38, United States Code, as added by subsection (a), shall not apply with respect to the receipt by any person of any benefit provided by or pursuant to law before the date of the enactment of this Act [Oct. 17, 1981]. Notwithstanding such section, a person who before such date has received a certificate of eligibility from the Administrator of Veterans’ Affairs [now Secretary of Veterans Affairs] for benefits under chapter 37 of title 38, United States Code, is eligible for such benefits after such date.”

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38 USC	Description of Change	Session Year	Public Law	Statutes at Large

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38 CFR - Title 38—Pensions, Bonuses, and Veterans' Relief

38 CFR Part 21 - VOCATIONAL REHABILITATION AND EDUCATION

38 USC § 5303A - Minimum active-duty service requirement

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